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Kerala High Court

Sreebala vs Edwin Pereira

Author: V.Chitambaresh

Bench: V.Chitambaresh

       

  

  

 
 
                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT:

                 THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

            THURSDAY, THE 31ST DAY OF MAY 2012/10TH JYAISHTA 1934

                           OP(C).No. 1675 of 2012 (O)
                             --------------------------
                  IN EP.257/2009 of II ADDL.M.C.,TRIVANDRUM

PETITIONER(S):
-------------

          SREEBALA,
          W/O.REGHUVARAN NAIR
          ANU BHAVAN, PONNAMCHUNDU
          VITHURA P.O., NEDUMANGAD.


          BY ADVS.SRI.L.MOHANAN
                 SMT.LIGEY ANTONY

RESPONDENT(S):
--------------

          EDWIN PEREIRA
          S/O.PEREIRA, T.C.32/2713
          KAIRALI LANE, CHACKA,
          THIRUVANANTHAPURAM - 695 024.




         THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31-05-2012,
         THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

                APPENDIX IN O.P. (C) No.1675 of 2012

EXT.P1  ORDER DATED 13.4.2012 IN E.A.NO.192/2012 IN E.P.NO.257/2009
        IN O.S.NO.885 OF 1960 ON THE FILE OF THE II ADDITIONAL
        MUNSIFF, THIRUVANANTHAPURAM.




                                 //TRUE COPY//


                                        P.S. TO JUDGE.



                       V.CHITAMBARESH, J.
                    -------------------------------
                    O.P. (C) No. 1675 of 2012
                    -------------------------------
              Dated this the 31st day of May, 2012


                          J U D G M E N T

A different mode of measurement by using Total Station Method and Autocad is sought in an execution application filed under Section 47 of the Code of Civil Procedure. The court below has noticed that such a new method cannot be imported at this stage of the proceedings and has refused to issue an express direction to the Advocate Commissioner. It is up to the Surveyor to adopt and follow the Chain Survey Method or the Total Station Method or the Autocad method to identify the property and submit a report in the execution application pending. I do not find any infirmity in the order impugned.

The original petition is disposed of subject to the above observation.

V.CHITAMBARESH, Judge.

nj.

V.CHITAMBARESH, J.

-------------------------------------- O.P. (C) No. 1675 of 2012

JUDGMENT Dated:- 31st May, 2012

--------------------------------------